Family Agreement
2 years ago
Whether unregistred Family Agrement (MOU) is enforceble ? If executor is not discharging his duites ,what is the legal remedy?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.legal remedy depends on what kind of agreement and contents and what kind of duties.
usually it is not enforceable.
usually it is not enforceable.
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A.Hi,
Couples practicing different religions can solemnize their marriage under Special Marriage Act, 1954. The procedure for marriage is different here, and parties above the age of majority, can get married without their parents' consent after duly following the prescribed procedure. Even if you parents do not consent to your marriage you can get married by getting witnesses since you will be required to get three witnesses at the time of solemnization of marriage as per Section 17. Section 6 of the act mandates you to publish the news and allows people to provide their objections for intended marriage, if after thirty days period nobody objects you can get married. For the issue of your partner being available through phone call or even video call, it is not possible to get married in this manner under this act. Since Section 11 specifies that both parties should be present along with the witness so it is evident that the couple should be present in the Marriage Officer's office while getting married.
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Couples practicing different religions can solemnize their marriage under Special Marriage Act, 1954. The procedure for marriage is different here, and parties above the age of majority, can get married without their parents' consent after duly following the prescribed procedure. Even if you parents do not consent to your marriage you can get married by getting witnesses since you will be required to get three witnesses at the time of solemnization of marriage as per Section 17. Section 6 of the act mandates you to publish the news and allows people to provide their objections for intended marriage, if after thirty days period nobody objects you can get married. For the issue of your partner being available through phone call or even video call, it is not possible to get married in this manner under this act. Since Section 11 specifies that both parties should be present along with the witness so it is evident that the couple should be present in the Marriage Officer's office while getting married.
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A.Hi,
As per Section 17 in The Registration Act, 1908, documents containing agreements for transfer of immovable property should be registered and in any case they are unregistered they are legally not admissible as evidence. However, this principle has been differently explained by the Courts. Since, in a 2020 case SC specified that if the document is a mere MOU, then registration is not necessary. Since the memorandum itself does not create or extinguish any rights in immovable properties it is a mere agreement to contract. This principle was opined in Ravinder Kaur Grewal & Others v. Manjit Kaur & Others (2020) where a document executed as a mere memorandum of settlement between Family Members was not required to be registered. In case, of executor not discharging his duties, you have a legal remedy under Section 301 of the Indian Succession Act, 1925 where you can approach the Court and file an application for suspension or removal of the said executor.
If you find this helpful please rate my answer. Thank you.
As per Section 17 in The Registration Act, 1908, documents containing agreements for transfer of immovable property should be registered and in any case they are unregistered they are legally not admissible as evidence. However, this principle has been differently explained by the Courts. Since, in a 2020 case SC specified that if the document is a mere MOU, then registration is not necessary. Since the memorandum itself does not create or extinguish any rights in immovable properties it is a mere agreement to contract. This principle was opined in Ravinder Kaur Grewal & Others v. Manjit Kaur & Others (2020) where a document executed as a mere memorandum of settlement between Family Members was not required to be registered. In case, of executor not discharging his duties, you have a legal remedy under Section 301 of the Indian Succession Act, 1925 where you can approach the Court and file an application for suspension or removal of the said executor.
If you find this helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per Indian Law, documents need to be duly registered since any document, which is not registered as required under the law would be inadmissible in evidence. However, Courts at various instances have specified that if the document is a mere MOU, then it need not be registered since the memorandum itself does not create or extinguish any rights in immovable properties. SC in Ravinder Kaur Grewal & Others v. Manjit Kaur & Others (2020) also opined that a document executed between Family Members as merely a memorandum of settlement does not require registration. If the executor is not discharging their duties then you can approach the Court under Section 301 of the Indian Succession Act, 1925, and file an application for suspension or removal of the said executor.
If you find this helpful please rate my answer. Thank you.
As per Indian Law, documents need to be duly registered since any document, which is not registered as required under the law would be inadmissible in evidence. However, Courts at various instances have specified that if the document is a mere MOU, then it need not be registered since the memorandum itself does not create or extinguish any rights in immovable properties. SC in Ravinder Kaur Grewal & Others v. Manjit Kaur & Others (2020) also opined that a document executed between Family Members as merely a memorandum of settlement does not require registration. If the executor is not discharging their duties then you can approach the Court under Section 301 of the Indian Succession Act, 1925, and file an application for suspension or removal of the said executor.
If you find this helpful please rate my answer. Thank you.
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